§ 2879-C — Iranian energy sector divestment

New York § 2879-C

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 4: Contracts of Public Authorities
• Art. 9: General Provisions

Text

§ 2879-c. Iranian energy sector divestment. 1. As used in this\nsection:\n a. "Energy sector" shall have the same meaning as defined in paragraph\n(a) of subdivision one of section one hundred sixty-five-a of the state\nfinance law.\n b. "Financial institution" shall have the same meaning as defined in\nparagraph (b) of subdivision one of section one hundred sixty-five-a of\nthe state finance law.\n c. "Investment" shall have the same meaning as defined in paragraph\n(c) of subdivision one of section one hundred sixty-five-a of the state\nfinance law.\n d. "Iran" shall have the same meaning as defined in paragraph (d) of\nsubdivision one of section one hundred sixty-five-a of the state finance\nlaw.\n e. "Person" shall have the same meaning as defined in paragraph (e) of\nsubdivision one of section one hundred sixty-five-a of the state finance\nlaw.\n 2. For purposes of this section, a person engages in investment\nactivities in Iran if:\n a. The person provides goods or services of twenty million dollars or\nmore in the energy sector of Iran, including a person that provides oil\nor liquefied natural gas tankers, or products used to construct or\nmaintain pipelines used to transport oil or liquefied natural gas, for\nthe energy sector of Iran; or\n b. The person is a financial institution that extends twenty million\ndollars or more in credit to another person, for forty-five days or\nmore, if that person will use the credit to provide goods or services in\nthe energy sector in Iran.\n 3. Notwithstanding any other provision of this chapter or any other\nlaw to the contrary, no state or local public authority or an interstate\nor international authority, or subsidiary thereof, shall enter into any\ncontract for work or services performed or to be performed or goods sold\nor to be sold, with a person that is identified on a list created\npursuant to paragraph (b) of subdivision three of section one hundred\nsixty-five-a of the state finance law as a person engaging in investment\nactivities in Iran as described in subdivision two of this section.\n 4. Notwithstanding any other provision of this chapter or any other\nlaw to the contrary, every contract entered into with a state or local\npublic authority or an interstate or international authority for work or\nservices performed or to be performed or goods sold or to be sold, shall\ncontain the following statement subscribed by and affirmed by the person\nentering into the contract as true under the penalties of perjury:\n a. "By signing this contract, each person and each person signing on\nbehalf of any other party certifies, and in the case of a joint bid or\npartnership each party thereto certifies as to its own organization,\nunder penalty of perjury, that to the best of its knowledge and belief\nthat each person is not on the list created pursuant to paragraph (b) of\nsubdivision 3 of section 165-a of the state finance law."\n b. Notwithstanding paragraph a of this subdivision, the statement of\nnon-investment in the Iranian energy sector may be submitted\nelectronically.\n c. A contract shall not be considered nor shall any contract be\nentered into where the condition set forth in paragraph a of this\nsubdivision has not been complied with; provided, however, that if in\nany case the person cannot make the foregoing certification, the person\nshall so state and shall furnish with the contract a signed statement\nwhich sets forth in detail the reasons therefor. A public authority may\naward or enter into a contract with a person who cannot make the\ncertification pursuant to paragraph a of this subdivision on a\ncase-by-case basis if:\n (1) The investment activities in Iran were made before the effective\ndate of this section, the investment activities in Iran have not been\nexpanded or renewed after the effective date of this section, and the\nperson has adopted, publicized, and is implementing a formal plan to\ncease the investment activities in Iran and to refrain from engaging in\nany new investments in Iran; or\n (2) The public authority makes a determination that the goods or\nservices are necessary for the public authority to perform its functions\nand that, absent such an exemption, the public authority would be unable\nto obtain the goods or services for which the contract is offered. Such\ndetermination shall be made in writing and shall be a public document.\n